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<br />~J'5 <br /> <br />information shall explain, in narrative form, the reasons for the amendment and the impact of <br />the change in the type of operating data or financial information being provided. <br /> <br />If an amendment is made to the undertaking specifying the accounting principles to be <br />followed in preparing financial statements, the annual financial information for the year in which <br />the change is made shall present a comparison between the financial statements or information <br />prepared on the basis of the new accounting principles and those prepared on the basis of the <br />former accounting principles. The comparison shall include a qualitative discussion of the <br />differences in the accounting principles and the impact of the change in the accounting <br />principles on the presentation of the financial information, in order to provide information to <br />investors to enable them to evaluate the ability of the City to meet its obligations. To the extent <br />reasonably feasible, the comparison shall be quantitative. A notice of the change in the <br />accounting principles shall be sent to the Repositories in the same manner as for a Listed Event <br />under Section 5(c). <br /> <br />Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed <br />to prevent the City from disseminating any other information, using the means of dissemination <br />set forth in this Disclosure Certificate or any other means of communication, or including any <br />other information in any Annual Report or notice of occurrence of a Listed Event, in addition to <br />that which is required by this Disclosure Certificate. If the City chooses to include any <br />information in any Annual Report or notice of occurrence of a Listed Event in addition to that <br />which is specifically required by this Disclosure Certificate, the City shall have no obligation <br />under this Disclosure Certificate to update such information or include it in any future Annual <br />Report or notice of occurrence of a Listed Event. <br /> <br />Section 10. Default. In the event of a failure of the City or the Dissemination Agent to <br />comply with any provision of this Disclosure Certificate the Trustee, at the written direction of <br />any Participating Underwriter or the holders of at least 25% aggregate principal amount of <br />Outstanding Bonds, shall, but only to the extent moneys or other indemnity, satisfactory to the <br />Trustee, has been furnished to the Trustee to hold it harmless from any loss, costs, liability or <br />expense, including fees and expenses of its attorneys and any additional fees of the Trustee or <br />any holder or beneficial owner of the Bonds may take such actions as may be necessary and <br />appropriate, including seeking mandate or specific performance by court order, to cause the <br />City to comply with its obligations under this Disclosure Certificate. A default under this <br />Disclosure Certificate shall not be deemed an Event of Default under the Indenture, and the <br />sole remedy under this Disclosure Certificate in the event of any failure of the City to comply <br />with this Disclosure Certificate shall be an action to compel performance. <br /> <br />Section 11. Duties. Immunities and Liabilities of Dissemination Aqent. The <br />Dissemination Agent and the Trustee shall have only such duties as are specifically set forth in <br />this Disclosure Certificate, and the City agrees to indemnify and save the Dissemination Agent <br />and the Trustee, their officers, directors, employees and agents, harmless against any loss, <br />expense and liabilities which they may incur arising out of or in the exercise or performance of <br />its powers and duties hereunder, including the costs and expenses (including attorneys fees) of <br />defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's <br />or the Trustee's respective negligence or willful misconduct. The Dissemination Agent shall be <br />paid compensation by the City for its services provided hereunder in accordance with its <br />schedule of fees as amended from time to time and all expenses, legal fees and advances <br />made or incurred by the Dissemination Agent in the performance of its duties hereunder. The <br />Dissemination Agent and the Trustee shall have no duty or obligation to review any information <br />provided to it by the City and shall not be deemed to be acting in any fiduciary capacity for the <br />City, the Bond holders or any other party. The obligations of the City under this Section shall <br /> <br />0-5 <br />